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Nafi'ah
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INDONESIA
Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
ISSN : 26861607     EISSN : 26864819     DOI : https//doi.org/10.37680/almanhaj
Jurnal ini dikelola oleh Fakultas Syariah INSURI Ponorogo dan terbit dua kali dalam satu tahun (Januari dan Juli) dengan E-ISSN 2686-4819 dan P-ISSN 2686-1607. Hadirnya jurnal Al-Manhaj guna mewadahi karya tulis ilmiah dari civitas akademika, peneliti, mahasiswa, dan praktisi di bidang hukum dan hukum Islam yang memiliki nilai baik dan rasionalitas tinggi. Ruang lingkup pembahasannya meliputi ilmu hukum, hukum perdata, hukum pidana, hukum tata negara, hukum bisnis, hukum administrasi negara, hukum Islam, ahwal syakhsiyah, muqaaranah al-mazaahib, jinayah, siyasah, muamalah, dan pranata sosial Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 64 Documents
Search results for , issue "Vol 4 No 2 (2022)" : 64 Documents clear
FIKIH MODERATION OF RELIGION ACCORDING TO THE QUR'AN (The Role of Religious Figures in Strengthening Religious Harmony) Zuhri, Ahmad; Yumni, Aufah
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.2745

Abstract

Religious moderation fiqh is an approach to the study of fiqh (Islamic jurisprudence) that emphasizes a moderate, balanced and tolerant understanding of Islamic teachings. which is indicated in the verses of the Koran. The concept of moderation in the Qur'an refers to an approach that avoids extremism, fanaticism and exaggeration (at-Tharruf ad-Dini) in dealing with religious issues. Jurisprudence of moderation promotes a complete and universal understanding that is in line with the principles of simplicity, tolerance, inclusivity and justice in understanding and practicing Islamic teachings according to the instructions and guidance of the Qur'an. In this study, the authors used library research, namely the research object, mainly commentary books and a little field approach. . Based on the objectives of this research, it includes basic research, namely research in order to broaden and sharpen theoretical knowledge and understanding. The results of the study found that religious moderation fiqh according to the Koran basically directs people to understand the deep meaning contained in the Koran regarding religious moderation as a whole and universal, not narrowly and textually. Many Muslim groups understand the text of the verses of the Koran superficially and textually, resulting in the emergence of a radical and extreme understanding that is not in accordance with the messages intended by the Koran itself. intact and universal verses of religious moderation will create harmony among religious communities, even among the religions themselves.
Review of The Concept of Intercession of The Qur'an on The Day of Judgement Zuhri, Ahmad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.3077

Abstract

The word "syafa’a" (intercession) refers to Allah SWT's generous display of grace in the form of assistance. Intercession on the last day is the most expected part of every human being. Specifically, giving intercession can be analogized as a request to get good and avoid evil. One of the classifications of intercession on the Day of Judgement is intercession. The group of people who get this intercession are people who have a heart that is firmly attached to the Al-Qur'an, making the Al-Qur'an a guide, leader, and guide in their lives. The review of the concept of intercession in the Qur'an given by Allah SWT will be analysed using a descriptive qualitative approach based on several literatures, laws, and opinions of the scholars. The data used in this research refers to the hadith of the Prophet, quotations from Al-Quran verses, and reviews of the opinions of scholars who are oriented towards the intercession of the Qur'an. The results of the research show that intercession in the Qur'an is a gift from Allah, and only He has the full power to give intercession to whoever He wants. Syafa'at is not an absolute guarantee or an opportunity to commit sins, but is a mercy from Allah that can benefit those who are pleased with Him.
Hak dan Kewajiban Kreditor Memiliki Hak Retensi dalam Pembagian Harta Pailit Berdasarkan Hukum Perdata Indonesia Jayadi, Hendri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.3346

Abstract

Bankruptcy is a complete confiscation of the debtor's assets to end debtor-creditor conflicts or to ensure that these assets are divided equally among creditors. The purpose of this study is to examine how Indonesian civil law is used to analyze the rights and obligations of creditors with retention rights in the distribution of bankrupt assets. Research using the Systematic Literature Review method, found 15 articles that match the criteria, with search strings from 2013 to 2023. The results of the study show that Commercial Court Judges will grant Suspension of Debt Payment Obligations (PKPU) to debtors and creditors to facilitate negotiation of payment methods, both in whole or in part, including debt restructuring if necessary. Debtors are required to file for bankruptcy if they have more than two creditors and outstanding debt obligations. The bankruptcy petitioner only loses his civil rights to manage and control his assets; they retain their civil rights to engage in other civil acts. This grant is legally considered as part of the bankruptcy estate, managing third party assets and appointing third parties to act as attorneys in legal proceedings, debtors are still allowed to maintain their legal status. The implication of this research is to provide an overview of the rights and obligations of creditors with retention rights in the distribution of bankruptcy assets based on Indonesian civil law.
FILSAFAT HUKUM: Aktualisasi Critical Legal Studies Di Indonesia Gojali, Dudang
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.3508

Abstract

This paper discusses Critical Legal Studies as a critical study of law that opposes the school of legal formalism. As a critical study, Critical Legal Studies accommodates not only Marxist legal ideas, but also liberal-radical and postmodernism. This paper also discusses the basic criticism of Jürgen Habermas's legal-communication theory towards Critical Legal Studies and then the basic criticism of feminism towards Jürgen Habermas. This paper closes with the thoughts of Carol Smart who updated the argumentation of Critical Legal Studies.